Filing PIL online can greatly help the petitioner. Read along to know how to file PIL online in India.
Public Interest Litigation PIL cases are usually filed in court with the aid of a lawyer. However, the PIL online procedure is similar to filing a case through an e-form on government websites. Put simply, you can file the case online when you cannot do it through an offline process. A citizen or a group can file PILs to seek redressal on any matter they feel needs public attention or intervention. In India, there are three High Courts that hear PIL cases – The Supreme Court of India, the High Courts of different states, and the National Green Tribunal (NGT). Additionally, there are also various kinds of tribunals for quick disposal of PIL cases.
Process of Filing A PIL Case In India?
There are a few steps involved in filing a case with the help of an online form in India. The procedure may differ from state to state and depending on the court in which you want to file your case. However, the basic procedure remains the same. The first step is to search for the relevant government portal and register yourself on the website. Next, you will have to complete a registration form that asks you to provide your details like name, address, phone number, etc. Once the registration is complete, the portal will get your e-mail address. You can now log on to the portal to start filing a case.
Online Filing Of PIL Case In India
Many online legal services present high-end facilities that cannot be delivered to a physical place like a court. For this reason, PIL cases are filed online. Any citizen of India can file a PIL online from any part of the country without needing to go to court. The best part of filing a case online is that you do not need to hire a lawyer for the same, and all you need is the necessary legal knowledge and a computer. When you have registered yourself with the government portal, you will be taken to the online form that you need to fill in.
This form will guide you on guide to file a PIL Format case and what kind of documents you need to submit along with your petition. After you fill out the form, you will be redirected to the court portal, where you will be required to upload the documents that you want to submit in the case. After submitting the documents, you will be redirected back to the portal, where you will have to submit the signature and pay the fees. After completing the process, you will receive a notification that your PIL case has been filed, and the court will decide the next course of action.
Steps For Online Filing a PIL In India
Follow the steps to file a PIL online:-
- To reach the main website of the Supreme Court of India, please go to https://main.sci.gov.in
- Click on the ‘E-FILING’ tab
- Select the ‘Petitioner in Person’ or ‘AOR Number’ option
- If you selected ‘AOR Number’, you have to provide your AOR number
- If you selected ‘Petitioner in Person’, you must fill out the online forms and provide your name, address, state, district, PIN code, mobile number, email, and Aadhaar card number
- After supplying the information, click on the ‘Sign Up’ button at the end of the page
After completing the registration, return to the ‘E-FILING’ page - Again, click on the ‘Login’ choice
- It is then possible to enter the login details, select ‘New E-filing’ and fill in the details
- Once the payment is made, an application number will be provided.
Essentials For Filing A PIL
A PIL is a legal action that raises public awareness about an issue that is of public interest. It can be filed by one or more individuals, groups, or organizations. The goal of a PIL is to persuade the court to enforce the law or make a ruling on an important matter.
It can be filed in courts at the national, state, or local level and usually involves a court hearing. A PIL can also be filed with a government agency or non-governmental body such as parliament, board of directors, or a council. In addition, it can also be filed online.
- Look for a public interest lawyer or organization to file the lawsuit.
- Collect documents required for filing the case, such as title deeds, proof of residence, ID proofs, eviction notices, resettlement policies, and photographs.
- Fill out the necessary documentation, including title deeds, proof of residence, ID proofs, eviction notices, resettlement policies, and photographs.
- List all of the parties that are approaching the court.
- List out the names and addresses of all aggrieved parties, as well as the names and addresses of all the government agencies that are requesting intervention.
- Outline the causes for violating fundamental rights, including dates indicating how long the occupants of the site stayed there, when and if an eviction notice was issued, and when and if an eviction took place.
- Mention the details of the eviction, including when it occurred and if a notice was issued.
- State the goals the plaintiff wants the court to grant it.
Who Can File Public Interest Litigation
Public Interest Litigation (PIL) serves as a powerful tool for citizens to address societal concerns and advocate for justice. Understanding who can file a PIL is crucial. In India, any citizen or group acting in the public interest can file a PIL, making it a unique legal avenue for social change.
How To File A PIL
- Any Indian citizen or organization has the right to approach the court for matters of public interest by filing a petition.
- This can be done in the Supreme Court under Article 32 or in the High Courts under Article 226.
- Additionally, the court may treat a letter as a writ petition and take action if certain conditions are met.
| Conditions include the letter being addressed by the aggrieved person, a public-spirited individual, or a social action group, advocating for the enforcement of legal or constitutional rights for those who cannot approach the court due to poverty or disability. |
- The court can also take action based on newspaper reports if it is satisfied with the case.
Public Interest Litigation Rules
Over time, Indian courts have established various rules concerning PILs:
- Relaxed Rule of Locus Standi:
– PILs can be filed by any person on behalf of others who are disadvantaged and unable to approach the courts themselves. The general rule of locus standi is relaxed in PILs to protect the rights of these individuals.
- Relaxed Procedural Rules:
– Courts have considered letters or telegrams as PILs, and procedural rules, including those related to pleadings, are relaxed in PIL cases.
- Intervention by the Courts:
– Courts must intervene when injustice is done to many, as provided by Article 14 & 21 of the Constitution of India and International Conventions on Human Rights.
- Question of Maintainability:
– The government may not challenge the maintainability of a PIL if the court is satisfied that there is a violation of constitutional rights for a disadvantaged category of people.
- Principle of Res Judicata:
– The application of the principle of res judicata depends on the circumstances, facts of the case, and the nature of the PIL.
- Appointment of a Commission:
– In special circumstances, a court may appoint a Commission or other bodies to investigate and manage public institutions.
- PILs Regarding Constitutionality:
– Generally, High Courts should not entertain PILs challenging the constitutionality or validity of a statute or statutory rule.
- Principle of Complete Justice:
– The Supreme Court has discretionary power under Article 142 for complete justice, but high courts do not have similar powers.
- Misuse of PILs:
– Courts are cautious to prevent the misuse of PILs, ensuring that they serve their intended purpose of aiding the poor and downtrodden.
- Formulation of Various Concepts:
– In environmental law cases, the courts have developed concepts such as the Polluter Pays Principle, Precautionary Principle, Public Trust Doctrine, and Sustainable Development.
Understanding these principles is vital for those seeking to initiate or comprehend Public Interest Litigation in India.
Conclusion
Citizens and groups file PIL cases to seek redressal on matters of public importance. These are often petitions where a problem is highlighted, and someone’s rights are threatened. The central government and state governments have the major litigants in PIL cases. A PIL case can be filed in any High Court and a single judge NGT court. An online filing of a PIL case is a simple process that anyone can follow. The next time you feel that citizens’ rights are threatened, file a PIL online to seek redressal.
FAQs
Does the online filing of a PIL caseworker all states?
Yes, online filing of a PIL case is possible in all states.
What are the documents that need to be submitted?
The documents that need to be submitted in a PIL case are the same as those that you would submit in a regular case. However, the documents you would submit in a PIL case are relevant to the topic of the case.
Read More :
